FULL RECOMMENDATION
SECTION 19, EUROPEAN COMMUNITIES (ROAD TRANSPORT) (ORGANISATION OF WORKING TIME OF PERSONS PERFORMING MOBILE ROAD TRANSPORT ACTIVITIES) REGULATIONS, 2012 - 2015 PARTIES : ADVANCED ENVIRONMENTAL SOLUTIONS IRELAND LIMITED., BORD NA MONA (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - EMMANUEL ILORI DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. An appeal of an Adjudication Officer's Decision No: ADJ-00003964 CA-00005685-001.
BACKGROUND:
2. The Employee appealed the Decision of the Adjudication Officerto the Labour Court on 17 April, 2018. A Labour Court hearing took place on 16 October 2018. The following is the Determination of the Court:-
DETERMINATION:
This is an appeal of Adjudication Officer's Decision ADJ-00003964 by Mr Emmanuel Ilori (the Complainant) against a Decision given under Regulation 18 of the European Commission (Road Transport) (Organisation of Working Time of persons Performing Mobile Road Transport Activities) Regulations 2012 S.I No 36/2012 (the Regulations) in a claim that Advanced Environmental Solutions Ireland Ltd (the Respondent) had breached the Regulations.
Background
The Complainant commenced employment as a full-time Bin Lorry Driver on the 27thMarch 2003. His employment was transferred under a transfer of undertakings arrangement to the Respondent on the 28thNovember 2011. The Complainant was contracted to work 40 hours per week Monday to Friday excluding overtime.
Complainant’s case
It is the Complainant’s case that he performs mobile transport duties and that his Employer is in breach of the Regulations will not provide records when required. He also complained that he was compelled to work beyond his contracted hours.
Respondent’s case.
The Respondent refuted both complaints and it was their position that the claim is misguided as a driver of a refuse collection truck is not covered by the Regulations.
The law
S3 of the Regulations sets out the scope of the Regulations and states;
- “3. these regulations apply to -
a ) mobile workers who are employed by or who do work for one or more undertakings established in a member State, and
(b)self-employed drivers
Participating in road transport activities to which either the Council Regulations or the AETR applies.”
The Respondent’s business is not covered by the scope of the Regulations and therefore the claim must fail. The Adjudication Officer's Decision is upheld. The appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Louise O'Donnell
CC______________________
5 December, 2018.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.